ECOWAS approval for the establishment of a special tribunal for Gambia to try those responsible for crimes against humanity is reviewed and analysed by the AG Panellists in this weekly review program last night.
According to the press statement received by Askani Gambia newspaper, a historic decision to create the Special Tribunal for The Gambia was made at the 66th Ordinary Session of the Authority of ECOWAS Heads of State and Government, which was held in Abuja, Nigeria, on December 15, 2024. The Statute for the Tribunal, which will guarantee justice and accountability for egregious human rights crimes committed between July 1994 and January 2017, was also adopted as part of this decision.
This historic event represents a major advancement for The Gambia, the surrounding area, and the global community. For the first time, ECOWAS and a member state have joined forces to create an internationalised court to try cases involving such serious crimes that are committed on a member state’s soil.
Context
The Truth, Reconciliation, and Reparations Commission (TRRC) was established by the Gambia’s government in 2018 to look into and record egregious human rights abuses that occurred during this time. In its November 2021 report, the TRRC proposed restitution, institutional reforms, and the prosecution of those most responsible for these atrocities after gathering copious testimonials from victims, witnesses, and offenders.
The Gambian government attempted to create an internationalised tribunal after realising that domestic legislation could not sufficiently address certain crimes, including torture, cruel and inhumane treatment, and other international crimes. To guarantee responsibility and justice for victims, The Gambia formally sought a collaboration with ECOWAS in October 2022 to establish a Special Tribunal that combines national and international legal frameworks.
Organisation and Purpose of the Special Tribunal
Combining aspects of both domestic and international law, the Special Tribunal for The Gambia will function as an autonomous, sui generis organisation. Gambian, ECOWAS, and international judges, prosecutors, and personnel will be part of its framework, with the addition of foreign expertise as needed. The Tribunal will have jurisdiction over major violations of Gambian law as well as international crimes.
The Tribunal will have the option to convene sessions in a third country if necessary for pragmatic or security reasons, even if its headquarters would be in The Gambia. It will function with complete operational and judicial autonomy.
Expressions of Appreciation and Dedication
H.E. President Adama Barrow sent his sincere appreciation to the heads of state of ECOWAS for supporting this significant decision.
The ECOWAS community, members of the Gambia-ECOWAS Joint Technical Committee, other stakeholders, and our bilateral and multilateral development partners who contributed financial, moral, and technical assistance to this accomplishment are also acknowledged by the Government of The Gambia.
The Gambia’s Attorney General and Minister of Justice reiterate the government’s dedication to bringing victims justice, advancing national healing, and creating a more just society.
